Justice Ginsburg And You: 2 Peas In A Pod?

Classical Liberalism, Constitution, Founding Fathers, Individual Rights

The following is excerpted from my latest column, “Justice Ginsburg And You: 2 Peas In A Pod?”:

“I would not look to the US constitution,” said US Supreme Court Justice Ruth Bader Ginsburg in an interview with Al-Hayat TV. “If I were drafting a constitution in the year 2012, I might look at the constitution of South Africa, Canada … and the European Convention on Human Rights.”

Al-Hayat’s correspondent had solicited Ginsburg’s advice on drafting the Egyptian constitution.

Go easy on Ginsburg; she’s a lot like you. She shares a disdain for America’s founding document with millions, maybe even a majority, of her countrymen. The US Constitution is flouted daily by the people’s representatives, and has been amended and reinterpreted to the point of no return.

The governing documents that excite Bader Ginsburg’s admiration are documents of positive rights. The American Constitution is by-and-large a charter of negative liberties, as the president once described it derisively.

A positive right is state-manufactured, usually at the behest of political majorities. Rights to a job, water, clothes, food, education and medical care are examples. Some of the European covenants canvassed by Bader consider “freely chosen” desirable work as a human right. Ditto adequate “rest and leisure.”

Once these needs are recognized as rights, they become state-enforceable, legal claims against other, less-valued members of society (“the rich”). Someone who hasn’t had a vacation, or has not reached his career apogee, gets to collect on such claims.

In the case of natural rights—the only founding truths the nation’s fathers could have conceived of, given their classical liberal philosophical framework—the duty is merely a mitts-off duty. My right to life means you must not murder me. My right to liberty means you dare not enslave me. My right to property means you can’t take what’s mine—not 35 percent of it, or 15 percent. Nada. And you have no right to stop me from taking the necessary acquisitive action for my survival, so long as I, in turn, respect the same restrictions.

As an instantiation of a constitutional democracy governed in accordance with state-minted rights, take the new South Africa, where almost everyone knows someone who has been raped, robbed, hijacked, murdered, or all of the above, in violation of natural law.

Not that you’d know it, but the poor South Africans enjoy a constitutional right to live free of all forms of violence, “public” or “private” in origin. Section 12 of their progressive constitution guarantees the “Freedom and Security of the Person.” Clearly “progressive” doesn’t necessarily spell progress, as nowhere does this wordy but worthless document state whether South Africans may actually defend this most precious of rights.

If anything, self-defense can be an offense in progressive South Africa. …

Knowing what you now know about the South African Constitution—what is it do you suppose Ginsburg dislikes about one of the greatest documents of political philosophy?

From all accounts, it is that the US Constitution is principally a charter of negative liberties. …”

Read the complete column, “Justice Ginsburg And You: 2 Peas In A Pod?”

Support this writer’s work by clicking to “Recommend,” “Tweet” and “Share” the “Paleolibertarian Column” on RT and “Return To Reason” on WND.

SWIFT Iranian Eviction

Economy, Ethics, Fascism, Foreign Policy, Iran, Media, Propaganda

CNN’s inane wishy-washy Fareed Zakaria boasted the other day about the foreign-policy achievements of Barack Obama. Since the president’s reign of terror abroad began, the Iranian currency had lost 65 percent of its value. Like all fixtures of mainstream media, Zombie Zakaria has some appetite for destruction.

So how is Obama accomplishing this great feat against innocent Iranian economic actors? Via RT:

US wants Iran evicted from SWIFT [Society for Worldwide Interbank Financial Telecommunication], an independent financial clearinghouse that is crucial to the country’s oil sales. This could immediately cripple Tehran’s financial lifeline, but would come with its own costs for the world economy.
Iran’s eviction from SWIFT could drive forward the current slow pressure campaign of sanctions aimed at persuading Iran to drop its nuclear program. It might also buy time for the US to persuade Israel not to launch a pre-emptive military strike on Iran this spring.
The bitter truth is, the plan might actually backfire on western nations themselves as it could send oil prices soaring and undercut the reputation of Society for Worldwide Interbank Financial Telecommunications (SWIFT). The Brussels-based organization is a banking hub used by virtually every nation and corporation around the world. …
More than 40 Iranian banks and institutions use SWIFT to process financial transactions, and losing access to that flow of international funds could badly damage the Islamic republic’s economy. It would also probably hurt average Iranians more than the welter of existing banking sanctions already in place since prices for household goods would rise while the value of Iranian currency would drop.

UPDATE II: The ‘Regime Change’ Alliance (Al-Qaida’s On-Board!)

Democracy, Islam, Media, Middle East, Neoconservatism, Propaganda, Russia, War

“It’s clear enough that the Sunni alliance led by Saudia Arabia and Qatar has ensured that the insurgency inside Syria will countenance no ceasefire offers; and that the propaganda machine … will continue a non-stop flow of mendacious bulletins eagerly seized upon by the western press,” writes ALEXANDER COCKBURN, at Counterpunch.

In “Murder on her Mind,” I described our foreign policy as an “‘angels and demons’ Disney production, starring the prototypical evil dictator who was killing his noble people,” until, in the case of Libya, “three amazon warriors—high on estrogen-driven paternalism—rode to the rescue.” The three Gorgon sisters (Medusa’s posse) included Samantha Power (special assistant to the president and member of his National Security Council), UN Ambassador Susan Rice, and Hillary Rodham Clinton.

AISLING BYRNE, also of Couterpunch, sees a similar pattern play out in Syria. “Arguably, the most important component in this struggle for the ‘strategic prize’, he writes, “has been the deliberate construction of a largely false narrative that pits unarmed democracy demonstrators being killed in their hundreds and thousands as they protest peacefully against an oppressive, violent regime, a ‘killing machine’ led by the ‘monster’ Assad,” except that where BYRNE sees a plan, I see only hubris and the heights of stupidity.

Iraq, Libya and, now Syria, all were relatively secular and stable compared to where they are headed with the aid of NATO, the US and the Arab League (and their propaganda arm, Al Jazeera). Just imagine, Bill O’Reilly and Sean Hannity are now on the same side–and whooping it up–for the Arab League and Al Jazeera!

MORE from AISLING BYRNE:

“Whereas in Libya, the North Atlantic Treaty Organization (NATO) claimed it had “no confirmed reports of civilian casualties” because, as the New York Times wrote recently, “the alliance had created its own definition for ‘confirmed’: only a death that NATO itself investigated and corroborated could be called confirmed”. “But because the alliance declined to investigate allegations,” the Times wrote, “its casualty tally by definition could not budge – from zero”.In Syria, we see the exact opposite: the majority of Western mainstream media outlets, along with the media of the US’s allies in the region, particularly al-Jazeera and the Saudi-owned al-Arabiya TV channels, are effectively collaborating with the “regime change” narrative and agenda with a near-complete lack of questioning or investigation of statistics and information put out by organizations and media outlets that are either funded or owned by the US/European/Gulf alliance – the very same countries instigating the regime change project in the first place.
Claims of “massacres”, “campaigns of rape targeting women and girls in predominantly Sunni towns” ”torture” and even “child-rape” are reported by the international press based largely on two sources – the British-based Syrian Observatory of Human Rights and the Local Co-ordination Committees (LCCs) – with minimal additional checking or verification.
Hiding behind the rubric – “we are not able to verify these statistics” – the lack of integrity in reporting by the Western mainstream media has been starkly apparent since the onset of events in Syria. A decade after the Iraq war, it would seem that no lessons from 2003 – from the demonization of Saddam Hussein and his purported weapons of mass destruction – have been learnt.

What we are seeing in Syria is a deliberate and calculated campaign to bring down the Assad government so as to replace it with a regime “more compatible” with US interests in the region.
The blueprint for this project is essentially a report produced by the neo-conservative Brookings Institute for regime change in Iran in 2009. The report – “Which Path to Persia?” – continues to be the generic strategic approach for US-led regime change in the region.
A rereading of it, together with the more recent “Towards a Post-Assad Syria” (which adopts the same language and perspective, but focuses on Syria, and was recently produced by two US neo-conservative think-tanks) illustrates how developments in Syria have been shaped according to the step-by-step approach detailed in the “Paths to Persia” report with the same key objective: regime change.
The authors of these reports include, among others, John Hannah and Martin Indyk, both former senior neo-conservative officials from the George W Bush/Dick Cheney administration, and both advocates for regime change in Syria. Not for the first time are we seeing a close alliance between US/British neo-cons with Islamists (including, reports show, some with links to al-Qaeda) working together to bring about regime change in an “enemy” state.

UPDATE I (Feb. 16): MBS (below): Start using your head, or critical faculties. Had you been reading this site with any consistency over the last decade, you’d know that both members of “The Big Government Party” adhere to the neo-liberal or neoconservative ideology. The Counterpunch folks have always been onto—and upfront about—that aspect of the American foreign policy, as have I. Start reading and researching, sir. Times are too dire for you to continue to maintain the delusions of the two-party bifurcation. Certainly on matters of foreign policy, the two parties practically merge.

UPDATE II (Feb. 17): “The US spy chief has told the Congress President Bashar Al-Assad is fighting against Al-Qaeda of Iraq. James Clapper is the first top US official to acknowledge US might indirectly support insurgents. … He added that Syrian opposition groups, fighting against the existing regime of President al-Assad may have been infiltrated by Al-Qaida. ‘However likely without their knowledge,’ he said.” (RT)

Didn’t this happen in Libya, just the other day? Of course not. America would never be so stupid as to repeat mistakes.

In the face of such unadulterated idiocy, conspiracy becomes a viable explanation.

UPDATED: The Afghanistan Report the Pentagon Doesn’t Care If You Read

Foreign Policy, Media, Military, War

“The war has been a disaster and the military’s top brass” is lying to the American public to keep the adventure going, never mind the grunts that give up the ghost for the brass’s career designs. Wow. That can’t be, can it?

Sure it can. It’s probably quite unremarkable.

Anyone who has been reading this space and articles with any regularity will yawn, and then, disinterestedly, peruse the report written by active-duty officer Lt. Colonel Daniel Davis, who is “a 17-year Army veteran recently returned from a second tour in Afghanistan.”

The title of the article in Rolling Stone is “The Afghanistan Report the Pentagon Doesn’t Want You to Read.” Don’t you think that’s over-dramatic? Is deception to keep the killing fields open for the business of the military-industrial-complex that unusual? Hardly.

“If the public had access to these classified reports they would see the dramatic gulf between what is often said in public by our senior leaders and what is actually true behind the scenes,” Davis writes. I don’t think so. The American public is a zombie.

Davis last month submitted the unclassified report –titled “Dereliction of Duty II: Senior Military Leader’s Loss of Integrity Wounds Afghan War Effort” – for an internal Army review. Such a report could then be released to the public. However, according to U.S. military officials familiar with the situation, the Pentagon is refusing to do so. Rolling Stone has now obtained a full copy of the 84-page unclassified version, which has been making the rounds within the U.S. government, including the White House. We’ve decided to publish it in full; it’s well worth reading for yourself. It is, in my estimation, one of the most significant documents published by an active-duty officer in the past ten years.

READ MORE.

UPDATE (Feb. 15):

Refreshers for the record from “‘JUST WAR’ FOR DUMMIES” March 12, 2003: “I’m no pacifist. While I don’t condone the lingering American presence in Afghanistan, and while I doubt the abilities of the U.S. military to contain al-Qaida there, I supported going after bin Laden’s group in that country. That was a legitimate act of retaliation and defense, accommodated within St. Augustine’s teachings, whereby a just war is one ‘that avenges wrongs, when a nation or state has to be punished, for refusing to make amends for the wrongs inflicted by its subjects.'”

And from “A War He Can Call His Own” July 18, 2008: “The initial mission in Afghanistan was, after all, a just one. Going after al-Qaida in Afghanistan at the time was the right thing to do and was a legitimate act of retaliation and defense accommodated within Just War teachings. Al-Qaida was responsible for the murder of 3,000 Americans. The Taliban succored al-Qaida and its leader bin Laden. The President had told the hosting Taliban to surrender bin Laden and his gang. The Taliban refused. America invaded. So far so good. But that initial mission mutated miraculously, and now we are doing in Afghanistan what we’re doing in Iraq: nation building. Nations building is Democrat for spreading democracy. Spreading democracy is Republican for nation building. These interchangeable concepts stand for an open-ended military presence with all the pitfalls that attach to Iraq. …”